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Dr. S________ (Doctor)     11 September 2011

Defraud, cheating, loss of trust


Dr. S________


[ Scorecard : 56]


I am British Citizen of Indian origin. I was selling family property in Delhi and got into an agreement with a property dealer. Having done that, I requested a relative (Mr R) who had developed a close relation with my family when visiting India. He is ex property dealer. So, I trusted his advice and agreed to buy a house in Noida which he showed me. I was leaving Delhi for UK that day. He said leave X amount in cash and said he will draw an agreement and sent it to my brother to be posted to me to sign. He assured that he will take full responsibility of money and he will return the cash after deduction of one lac or so  if the deal does not go through for any reason. So, I gave instruction to my brother to hand over the cash to Mr R and get the agreement. A day after I left, Mr R sent two people (working for another estate Agent Mr U) to collect money but did not send the agreement. Mr R as he was well known to family and he assured that he will send the agreement on the same day, my brother handed over the cash without taking anything in writing{a gross mistake).  Mr R assured that he takes full responsibility of money. I have failed to get a written  agreement  as yet in 2 years. Due to recession my sale had been delayed but I was prepared to fund the purchase with an alternative source but not until I received a written agreement. He refused to give anything in writing on various excuses and time passed. The house that I was going to buy was in the mean time sold and Mr R said that my deposit is confiscated but will not give in writing. Mr U is Mr's close friend. Mr R says that the money collected by two people, he had sent to Mr U whom I had never met until later. In the last meeting when things got hot, Mr R handed over to me a copy of an agreement to buy the property for the sum (less than 18 lacs agreed with me)  and the agreement was made between My U and the vendor. Mr R made the contract to buy for his friend Mr U and not me. That was the reason one reason and another he was really buying for 18 lac less. This Mr R did not  want to tell me.

I registered FIR against Mr R and Mr U one year ago but nothing has happened primarily due to interferance from various people in high places known to Mr U. Mr U does not deny the receipt of cash but says that I did not complete the tranction, so deposit is confiscated. Being British Citizen and living in Uk, I do not know how I can proceed with Legal action in the light of corruption at all levels in Delhi/Noida. Can you please suggest what is my best course of action, preferably without incurring large expenses.

I have been suggested that I should 'complaint should be lodged before the court of appropriate juridiction' what does this mean

'under section 156 Cr pc , file a report in the court of Ld Magistrate based on which further legal action shall follow' Please explain?

Can I not file the case in High Court or Superine Court my self. If so, How to proceed. Frankly I do not trust whom to trust.


Many thanks


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